Retrospective Council Tax bill - can it be challenged?

HeafyB

Hi everyone
This is my first foray into the forums on here, so hope I'm posting in the right place!
My brother has received a council tax bill for a property that he moved out of over a year ago (was renting with a flatmate). The flat has been re-banded, resulting in an additional bill for £270. The council want him to pay this outstanding amount by 11 March :mad:

Whilst living in the flat he and his flatmate paid their council tax on time and in full.

Is there anything they can do to challenge this? Is the council right to try and charge them even though they paid (what was then) the correct bill?
Any advice/help would be very much appreciated.

HeafyB

G_M

When was the re-banding done? If after he moved out I don't see how he can be charged, but LAs have all sorts of wierd powers so just maybe they can back-date. If you don't get a definative answer here, try Citizens Advice Bureau. Or the utilities forum?

Fire_Fox

This is more of a question for the 'Cutting Tax' or 'Other Reclaiming' boards I think - they deal a lot with rebanding.
http://forums.moneysavingexpert.com/forumdisplay.html?f=187

lincroft1710

It is unusual for a CT band increase to be backdated. Can you be more specific re dates, new band pl?

HeafyB

Thanks for the replies so far - its really appreciated.
Just spoke to my brother for some more info. Apparently the charge relates to the period February 2008 - November 2008 when he was living in the property.

The flat he was renting was part of a new build that was provisionally graded as a Band A property by the council back in September 2006. It seems that the council then didn't do anything about setting the actual band until the end of last year, when they/the ratings agency deemed that it should in fact have been a band C property, hence the additional charge which has now been sent to my bro and his flatmate.

He's tried CAB and they've told him that when councils reband a property, they have to notify the occupant within 6 weeks of the change having been made (which they haven't in this case). However we aren't sure if the fact that the initial rating was provisional makes a difference?

There was nothing on his original council tax bill to say that the rating was provisional or under review, so he's feeling v aggrieved that the council are now coming after him for the money.

I'm guessing he's just going to have to go through some sort of appeals process but if anyone does have any advice that would be great.

HeafyB

HeafyB

Oh and just to say I've got to go off and tackle a pile of ironing but will check back later - don't want you to think I am ignoring any replies!

lincroft1710

Is he in Scotland as English/Welsh councils do not set CT bands. 3yrs is far too long to wait for an actual band as opposed to estimate. As he was not the occupier when band set in late 2009 he would not have been and had no right to be notified, also he has no rights of appeal against the band, only current occupier (if occ for less than 6 months or occ within 6 months of notification of band) has right of appeal.

HeafyB

No he's in England (Norfolk to be precise) - thanks very much for the reply. as I understand it, its the VOP (is that right) which does the actual valuation, but the council makes a recommendation?

He's writing to the head of revenue collection at the council to challenge the bill, so we'll see what happens. Thanks very much for your reply.

lincroft1710

Council has no input into banding, all done by Valuation Office Agency (part of HMRC). I'm ex VOA and I know at times we were a bit behind but 3 years suggests that the council failed to notify VOA of the flat needing to be banded.

Unfortunately in such circumstances effective date of the actual band will be backdated to when flat first occupied and council are within their rights to issue the bill, so I'm not optimistic he'll get anywhere with council other than to get more time to pay.

HeafyB

Thanks Lincroft1710, that's very useful to know, I suspected that this was probably the case but good to hear it from someone more clued up on these things than me!

Many thanks again
HeafyB